JOHN BAIRD
v.
BEYER HOLDINGS, LLC
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Material factual issues regarding whether overgrown foliage on the defendant's property violated visibility requirements and obstructed the plaintiff's view precluded summary judgment in a negligence action.
[1] Material factual disputes regarding whether property owner's overgrown foliage violated municipal visibility ordinances and obstructed a motorist's view at an intersectio…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge, whether he is ruling on a motion for summary judgment or for a directed verdict.”
Court explaining the standard for reviewing summary judgment and the allocation of fact-finding responsibilities between judge and jury.
John Baird was involved in a motorcycle-automobile collision at an intersection in Key West. Baird alleged that overgrown foliage on Beyer Holdings' p…
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Third District Court of Appeal State of Florida
Opinion filed October 15, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0175 Lower Tribunal No. 20-CA-339-K ________________
John Baird, Appellant,
vs.
Beyer Holdings, LLC, Appellee.
An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge.
Leesfield & Partners, P.A., and Justin Shapiro, and Samson Appellate Law, and Daniel M. Samson, B.C.S., for appellant.
Marlow Adler Abrams & Rotunno, and Phillip Glatzer, for appellee.
Before FERNANDEZ, MILLER, and LOBREE, JJ.
PER CURIAM.
2
Appellant, John Baird, challenges a final summary judgment rendered in favor of appellee, Beyer Holdings, LLC, in his negligence action involving a motorcycle-automobile collision. Having carefully conducted a de novo review, we conclude that material factual issues as to whether overgrown foliage on Beyer’s property obstructed Baird’s view of the intersection where the accident occurred, in violation of visibility requirements codified in the Code of Ordinances and the Comprehensive Plan of the City of Key West, precluded the grant of summary judgment. See Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000) (summary judgment orders are reviewed de novo); Serrano v. Dickinson, 363 So. 3d 162, 165 (Fla. 4th DCA 2023) (“Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge, whether he is ruling on a motion for summary judgment or for a directed verdict.”) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986)).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986)
- Volusia Cnty. v. Aberdeen AT Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)